J. F. Edwards Construction Co. v. Illinois State Toll Highway Authority

I do not agree with the view taken by the majority with respect to the order dismissing Counts I and II of the amended complaint. .

It is well settled in Illinois that in the absence of contractual provisions to the contrary, a building or construction contractor has the right to recover damages resulting from the delay caused by the default of the contractee. Underground Construction Co. v. Sanitary District, 367 Ill. 360, 11 N.E.2d 361 (failure to pay installments of price during course of construction); Tobey v. Price, 75 Ill. 645 (delay in furnishing materials for work on building);…